Here’s a charming example of corporate bullying - a major chain throwing its weight around so that we can’t wear “Eat More Kale” t-shirts.:
Chick-fil-A sent Mr. Muller-Moore a warning once before, in 2006, but did not pursue that matter. Now, Mr. Muller-Moore and Mr. Richardson are awaiting a response from the company, and they plan to continue with their trademark application.
In a statement, Chick-fil-A said, “We must legally protect and defend our ‘Eat mor chikin’ trademarks in order to maintain rights to the slogan.”
But Mr. Richardson does not think the company’s argument would hold up in trademark court. “We believe it’s pretty clear, the issue of dilution and confusion aren’t really triggered here,” he said. “There’s no one out there that’s going to come forward and say, ‘I thought I was buying a Chick-fil-A product but I got this T-shirt.’ “
I wonder how many cases of people arriving at Chik-fil-A asking for kale have come up? I’m thinking that we should respond to this with a constitutional amendment – the Defense of Kale and Collards Act . Encouraging anyone to eat more greens ought to be constitutionally protected, no? Also makes me want to buy a t-shirt.